BILL NUMBER: AB 283	CHAPTERED  09/28/99

	CHAPTER   546
	FILED WITH SECRETARY OF STATE   SEPTEMBER 28, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 28, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   JULY 1, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999
	AMENDED IN ASSEMBLY   MARCH 11, 1999

INTRODUCED BY   Assembly Member Longville

                        FEBRUARY 4, 1999

   An act to amend Section 760 of the Streets and Highways Code,
relating to highways, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 283, Longville.  Highways:  property acquisition:  county
cooperation.
   Existing law authorizes a county board of supervisors, by
resolution passed by a 4/5 vote, to proceed to acquire any real
property or interest that has been determined both to promote the
interests of the county and to be necessary for state highway
purposes, and is recommended by the Department of Transportation.
Existing law authorizes the acquisition to be by eminent domain and
provides that the specified resolution is the only preliminary
procedure required prior to the commencement of condemnation
proceedings.
   This bill would, following the adoption of the resolution and
based on that resolution, authorize the  department to condemn the
same property or interest that is described in both the resolution
and the department's recommendation.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 760 of the Streets and Highways Code is amended
to read:
   760.  (a) If the board of supervisors of any county determines, by
a four-fifths vote of the membership of the board, that the
acquisition or contribution authorized under this section will
promote the interests of the county and the acquisition or
contribution is recommended in writing by the department, the board,
by resolution passed by a four-fifths vote of its members, may
proceed to do either or both of the following:
   (1) Acquire any real property or interest needed for state highway
purposes and described in the department's written recommendation.
The board shall proceed, if necessary, to condemn the real property
or any interest therein.  The title to the property or interest may
be taken in the name of the state or the county.  The resolution of
the board is the only preliminary procedure required prior to the
acquisition of the property or interest, or to the commencement of a
condemnation proceeding, except that if the acquisition is by eminent
domain, the resolution shall be one that satisfies the requirements
of Article 2 (commencing with Section 1245.210) of Chapter 4 of Title
7 of Part 3 of the Code of Civil Procedure.
   (2) Contribute bridges, fencing, money, labor, materials, and
appurtenances toward the construction of state highways within the
limits of the county.
   (b) After the board has adopted the resolution described in
subdivision (a) and based on the terms of that resolution, the
department may proceed to condemn any real property or interest that
is described in both the department's recommendation and the board's
resolution.
   (c) The acquisitions or contributions authorized under this
section shall be for the use of the state as provided in Section 762.

  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order that more efficient condemnation procedures to acquire
real property for state highway use take effect at the earliest
possible time, it is necessary that this act take effect immediately.
